THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.396 of 2025

ORDER:

The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908 (for short, „the C.P.C.‟), seeking transfer of F.C.O.P.No.364 of 2025, on the file of the VI Additional District and Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District, to the file of the Judge, Family Court, Vizianagaram, for trial and disposal of the same.

2. The case of the petitioner in brief is as follows:

I. The petitioner is the legally wedded wife of the respondent/husband, and their marriage was solemnized on 17.02.2024, at Ayyannapeta, Raja Vari Veedhi, Vizianagaram, as per Hindu Rites and Caste Customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately at her parents‟ house in Vizianagaram. The petitioner/wife pleaded that in view of the harassment caused by the respondent /husband, she lodged a complaint against the respondent/husband, dated 11.08.2025, which was registered as F.I.R.No.79 of 2025, for the offence punishable under Section 85 of B.N.S. Act, 2023, and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Mahila Police Station, Vizianagaram, the same is pending for investigation and she also filed a Maintenance Case against the respondent/husband herein vide F.C.M.C.No.52 of 2025 on the file of the III Additional District Court-cum-Family Court, Vizianagaram, under Section 144(2) of B.N.S.S. Act, 2023, seeking maintenance from the respondent/husband and the same is pending for adjudication.

II. The petitioner/wife further pleaded that, with a view to cause inconvenience to her, the respondent /husband herein filed a divorce petition vide F.C.O.P.No.364 of 2025, on the file of the VI Additional District and Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication.

III. The petitioner further pleaded that, she being a woman, has been residing separately and depending upon the mercy of her parents at Vizianagaram, the distance between Vizianagaram & Nellore is more than 650Kms and it is very difficult for her to travel to attend the divorce case proceedings filed by the respondent/husband herein before the Court at Nellore without any male assistance, and that she was constrained to file the present petition against the respondent, seeking transfer of F.C.O.P.No.364 of 2025, on the file of the VI Additional District and Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District, to the file of the Judge, Family Court, Vizianagaram, for trial and disposal of the same.

3. Learned counsel for the respondent would contend that there are no merits in the petition filed by the petitioner and the present Transfer Civil Miscellaneous Petition is liable to be dismissed. He further contended that the respondent/husband herein is working as a software engineer and is currently residing at Bangalore, in case, if this Court is inclined to transfer the F.C.O.P.No.364 of 2025, which is pending before the VI Additional District and Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District, to the file of the Judge, Family Court, Vizianagaram, it is very difficult for the respondent/husband to appear before the transferee Court on each and every date of adjournment.

4. Heard Mr. G. Venkata Sailendra, learned counsel for the petitioner and Mr. Sunkara Rajendra Prasad, learned counsel for the respondent.

5. Perused the material available on record.

6. The material on record prima facie goes to show that, due to the matrimonial disputes between the parties, the petitioner/wife has been residing separately at her parents‟ house in Vizianagaram, she has instituted two (2) cases against the respondent/husband herein i.e. Criminal Case which was registered as F.I.R.No.79